What happens if a benefit claim is filed after the required time period?

If a benefit claim is filed after the required time period specified in 37 CFR 1.78, the applicant must file a petition for an unintentionally delayed benefit claim. The MPEP states:

“If a benefit claim is filed after the required time period and without a petition as required by 37 CFR 1.78, the applicant should be informed that the benefit claim was not entered and that a petition needs to be filed using form paragraph 2.39.”

The petition must include:

• The reference to the prior application (unless previously submitted)
• A petition fee under 37 CFR 1.17(m)
• A statement that the entire delay was unintentional

The Director may require additional information to determine if the delay was unintentional.

For more information on 37 CFR 1.78, visit: 37 CFR 1.78.

For more information on unintentional delay, visit: unintentional delay.